§ 26-112. Liability and insurance.

(a)

The grantee shall file with the town a certificate of insurance and thereafter maintain in full force and effect at all times for the full term of the franchise, at the expense of the grantee, a comprehensive general liability insurance policy, naming the town as additional insured, written by a company authorized to do business in the state, protecting the town against liability for loss or bodily injury and property damage occasioned by the installation, removal, maintenance or operation of the cable system by the grantee in the following minimum amounts:

(1)

Combined single limit, bodily injury and for property damage in any one occurrence, $1,000,000.00;

(2)

Aggregate, $1,000,000.00.

(b)

The grantee shall also file with the town a certificate of insurance for a comprehensive automobile liability policy written by a company authorized to do business in the state for all owned, nonowned, hired and leased vehicles operated by the grantee, with limits no less than $1,000,000.00 each accident, single limit, bodily injury and property damage combined, or evidence of self-insurance.

(c)

The grantee shall maintain, and by its acceptance of any franchise granted under this chapter specifically agrees that it will maintain throughout the term of the franchise, worker's compensation and employer's liability, valid in the state, in the minimum amount of the statutory limit for worker's compensation, and $500,000.00 for employer's liability.

(d)

All liability insurance required in this section shall be kept in full force and effect by the grantee during the existence of the franchise and until after the removal of all poles, wires, cables, underground conduits, manholes, and other conductors and fixtures installed by the grantee incident to the maintenance and operation of the cable system. All policies shall be endorsed to give the town 30 days' written notice of the intent to amend, cancel or nonrenew by either the grantee or the insurance company.

(e)

The grantee agrees and binds itself to indemnify, keep and hold free and harmless the town from any and all liability or costs, including pertinent attorney's fees and court costs, arising from any activities authorized in this chapter, in that the grantee shall pay, and by its acceptance of the franchise the grantee specifically agrees that it will pay, all damages and penalties which the town may be legally required to pay as a result of the franchise. These damages or penalties shall include but shall not be limited to damages arising out of copyright infringement and all other damages arising out of installation, operation or maintenance of the cable system, whether or not any act or omission complained of is authorized, allowed or prohibited by this chapter.

(Ord. No. 368, § 4-2, 1-14-1999)

State law reference

Workers' Compensation Act, G.S. 97-1 et seq.